The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-26

McUoDaid was using money 20 secure his elec-
ton; and in support of such rumor one Herman
Brunine. of Seymour, for many years saloon
keeper in that city, and Democrat, testified
that during the campaign it was rumored all
over jackson county that Mcdonald was using
money to secure his election. Branaman testi-
fed in his own behalf that such was the public
rumor, and that ne made two speeches in each
township Ia jackson county, and that in each
speech he warned the people about the use OF
money by Mcdonald to secure his election; and
the inference is that if Branaman did give such
warning in his speeches. that he, and he alone.
Is responsible for the origin of such rumor. and
especially is the minority of your committee led
to this conclusion, since there is no proof what
ever that such rumor wac true.
Mcdonald in his behalf, introduced as wit
nesses Hamlin Smith, of Brownstown; Wilbur
c. Benton, of Brownstown; Daniel Bedel, of
Crothersville; William Bennett, of Salt Creek
township; W. K. Stewart, OF Seymour, and
Frank Fassold. of Brownstown, county COM
missioner-elect, each of whom testified that there
was no such public in jackson county
about the use of money by Mcdonald to secure
his election. By these same witnesses MELON
aid offered to prove that Branaman had used at
least So, 900 to secure his election. and that it was
publicly rumored in jackson county that Brana-
man did use money corruptly to secure his
election, but the majority of the committee re-
fused the testimony upon the ground that it
tended to show the corrupt use of money by
Branaman, and was not, therefore, competent,
and the justices of the peace before whom the
testimony was taken Dy bFanAmaO, assuming
judicial functions in the taking of the testi-
mony, not only refused Mr.. Mcdonald the right
to introduce such proof, but even refused to
issue subppnas for mis- witnesses. and he was,
therefore, compelled to take the testimony in
his own behalf before notary public, where
Branaman notified and where he appeared
in person or by counsel. The testimony taken
before the notary was substantially as follows:
Thomas Callahan, of Houston. testified that
Branaman told him that, if he would be all right and
work for him. he would depOsif $40 for him with DR.
Cummins
Leesvile. about ten days before the election Brana
man wanted him to 60 to work for him, and that he
Branaman) would furnish the money, matter how
John Manuel of Freetown, testified that Jack
Bond told him. the evening before the election, TO go
to Stocker Wheeler and get money; that he said it
was Frank Branamans money; that he saw Branaman
talking with Wheeler election day, and that
Wheeler told him he hadn't got much money yet but
would see Branaman again after bit and get some
more; that Wheeler working for Branaman's
election, and that Wheeler Rep ublican. The
witness, when asked if Branaman had given him any
money the day of the election declined to answer
cept to say. You ask Branaman
Joseph Combs, of Salt Creek township testified
that Monday before the election. at Maunee.
Stocker Wheeler wanted him to work for Brananan
and told him he had plenty of Branamans money and
was going to meet Branaman at Clear Springs that
night and get more that he was going to use the
money in the election; witness also testified that
Henry Lutes was to get 5000 from Wheeler to in
the election.
Frank Branaman gave him SO Monday night be-
fore the election in Bee Branamans Office treat the
the boys to the polls; that he did the money
election day.
Richard Madden of Hamilton township. testified
that Bee Branaman gave him $40 and Frank Brana.
gave him SIS early in the campaign; that the $40
paid to aid Frank Branaman in his nomina-
ton and that Frank paid him the So the night before
the election and said witness to rally the boys and
get the voters all out
William Bennett, of Spraytown testified that he
(Wheeler) told him he had money there to buy votes
for Frank Branaman, and wanted to know what
would take for mine; said he was paying from three
to five dollars head for them He had the money
in his hand; and saw him and Branaman together on
election day, and that Wheeler working for Bran
aman.
Charles Coleman, of Seymour testified that Bran.
aman's brother offered him $40 if he would vote the
ticket he showed him. and that it was Democratic
ticket with Branainan's name on it.
John Dixon, of Seymour, testified that the day
Of the election young Branaman franks brother)
wanted him to vote for Frank and that if he would
would get something to drink and something ese that
he was in William T. Branamans Office the night be-
fore the election, and that Mcclellan, grocery keep
into the Office and said he could do lots of
good he had little stuff that by stuff the witness
| understood Mcclellan to mean money.
Dallas Tyler, of Seymour testified that Frank
Branarnan gave him fifteen twenty dollars,
two weeks before the election and told him to treat
the boys as ne wouldn't be up very often.
Philip Meeh of Seymour. testified that Branaman
told him that ne had given Mr.. Tyler money to treat
the boys with and that he thinks he also gave him
| some money before the primary convention.
John A. Goodale of Seymour testified that he
heard Stocker Wheeler that he had 800 Of Bran
| amans money to carry Salt Creek township.
Martin Farrell testified that he heard Stoke,
Wheeler say that he had 800 of Frank Branaman'
money to carry Salt Greek township
Alfred Matson testified that the day of the cleo
ton Charley Lanninger offered him So to vote for
Frank Branaman, and that the money given to him
and that he voted for Branaman;
John Russell testified that Charley Launinger gave
him 81 to vote for Frank Branaman, and that he die
| vote for Branarnan.
'.Baalim Lett testified that Stocker Wheeler said al
Goodales saloon that he had Branaman money to heir
| carry Salt Creek township.
VIM. Woods testified that on Sunday before the
election Bill Champion told him that there would b.
money at the election and that he could get if hi
| would vote for Branaman that William Mcclellan
told him he could get So to vote for Branaman. this
was on the morning of the election; that Mcclellan
told him that Bee Branaman wanted to see him befor
| he voted, etc.
| "Such WAS the character of the TESTIMONY
| taken by Mr. Mcdonald, but which was rejected
by the majority of the committee for the reason
| that it tended to prove that Branaman had used
| money corruptly to secure his election; and We
| the committee considering not only tn,
question of unseating Mcdonald. but also tn,
| question Of seating Branaman in his place, AMI
| the minority of your committee are Of the opin
ion that such testimony was competent ans
| abundantly sufficient to prevent the Senate from
seating Rranaman, and especially is the minor
| ity OF your commltte of that opinion, sine
| Bransman at no time denied the truth of the ev
idence offered against him. although he wen
| upon the witness stand before the committee
where ne had opportunity of denying the cor
rupt use of money, but did not do So The ma
jority Of your committee recommended the uu
seating of Mcdonald, and the seating Of Brana
man, upon the ground, and that alone, that Nc
Donald had used or offered to use money to sc
cure his election, and that it was pub
licy rumored in Jackson county h
had used money to secure his election
The corrupt use of money to secure ones cleo
ton to Office simply disqualfes him fror
holding the Office; il does not render him ineig
BILE to the Office. Yet the majority OF your com
mittee, acting upon the assumption that MELON
aid had used money corruptly, and that that wa
publicly known. rendered him inslieibIe. an
thereby entitled Branaman to the Office, the
assuming that he had the next highest humble
of votes because he was the opposing candidate
In the case of Gulick vs. New (14th Ind. p SO
L O.